Personal info can be sought under RTI, saysCHENNAI HC

21 November 2009,




CHENNAI: Can personal information such
as an address of an employee or
 a pensioner be demanded under the
provisions of the Right To Information
(RTI) Act?

Yes, says the Madras high court.

Justice K Chandru, pointing out that the writ petitioner
M Kaliaperumal of Chennai wanted the personal details only
to execute a court decree, said:

"A pensioner does not cease
to become totally out of control from the government. On the
contrary, his conduct and character are continuously monitored
by the central government. In that context, the whereabouts of
such pensioner is also very much relevant and it cannot be a private
information. The authorities are bound to help
 in the execution of court orders."

Kaliaperumal approached the postal department authorities at Gudur
in Andhra Pradesh, seeking information about a man named
 K Ramachandra Rao, against whom a court order had been passed
in a forgery case.                    

Unable to find him at his residence, Kaliaperumal
filed an RTI application demanding to know the postal address of Rao
as the latter had been receiving his pension from the Gudur post office.

However, the RTI plea was rejected on the
ground that this was a personal
 information and had no public interest. His appeal
 too met with the similar fate.

Pointing out that the address was sought only to execute a court order,
Justice Chandru said Kaliaperumal was not able to take further civil
and criminal action against Rao as the latter's address was not known.

 Directing the authorities to furnish the correct address of
 Rao within 30 days, the judge said the plea did have a public
interest as the pensioner's exact whereabouts would clear doubts
as to whether such a pensioner really existed on the date of receipt
 of his pension or whether a fraudulent claim had been made on his behalf.
"Such information cannot be denied," he said.